Law & Justice

Yorktown BJ’s Gas Station Approvals Upheld by Court

127e1ef8372a20279e72_b1da312f3023d6dabd5d_24860.jpg
BJ's Wholesale Club received Town Board approval for a six-pump gas station in December 2014. Credits: File Photo
127e1ef8372a20279e72_b1da312f3023d6dabd5d_24860.jpg

YORKTOWN, N.Y. - BJ's Wholesale Club in Yorktown can move forward with its plan to build a six-pump gasoline filling station after town approvals were upheld Monday by a state Supreme Court justice.

The lawsuit was filed in 2015 by three Yorktown gas station owners and Yorktown Smart Growth—a non-profit organization concerned with development and preservation. The challenged approvals rezoned a portion of the property and granted a special-use permit and site plan amendment for the filling station.

Judge Gretchen Walsh, presiding judge of the Environmental Claims Part for the New York State Ninth Judicial District, wrote in her 79-page decision that the town’s approvals were rational, consistent with the town’s comprehensive plan and zoning code, and were not “arbitrary or capricious,” according to David Steinmetz, who represented BJ’s and Urstadt Biddle, owner of Staples Plaza.

Sign Up for E-News

“We are pleased that BJ’s can move forward with providing this amenity to its members,” Steinmetz, said. “This gasoline filling station will be a welcome addition to the Staples Plaza, and will continue to bring economic growth, aesthetic improvements and vitality to the Town and surrounding community.”

Walsh also upheld the town’s determination under the New York State Environmental Quality Review Act that the gasoline filling station would not have the potential for any significant adverse environmental impacts. The member’s only station would be built in BJ’s existing parking lot in the Staples Plaza at 3303 Crompond Road.

“The court meticulously analyzed the record in this case and observed, in a 79-page decision, how carefully and thoughtfully both the town board and planning board went through the environmental and land use process,” Steinmetz said.

The gas stations and Yorktown Smart Growth also sued Breslin Realty, which owns property at 3200 Crompond Road, where a Costco Wholesale Club was once proposed. Like BJ's, the town also granted approvals for a gasoline filling station at Costco. The parties agreed to dismiss the lawsuit in October 2016 if a revised plan, with a Lowe's as the centerpiece, was approved. The revised plan includes no filling station.

TAP Into Another Town's News:

You May Also Be Interested In

Sign Up for E-News

Yorktown

What Is Cambridge Analytica?

Cambridge Analytica is a research organization. Apparently, it is funded by the Mercer family, second only to the Koch brothers on the liberal hit list. Both, through their philanthropy, spend millions on various needy organizations like hospitals. What makes them liberal targets is their funding of various conservative think tanks and candidates. I digress.

Cambridge Analytica used Facebook ...

The Best of the Best: Albert Capellini

In the spring of 1991, after answering an ad for a judicial race placed in the local Yorktown paper, I was talked into the unenviable position of running for Yorktown councilman as a Democrat in our then solidly Republican town.

Having been a practicing lawyer since 1974, I felt confident about my qualifications for the position of town judge, but being elected to the Town Board was quite ...

‘Sister Act’: A Musical Like Nun Other

Of all the Broadway musicals I’ve seen over the years at Westchester Broadway Theatre, only a handful have elicited the noisily enthusiastic audience response I observed at the recent opening night of “Sister Act.”

There were outbursts of applause in the middle of some numbers, and several clever turns of phrase sprinkled in the dialogue landed squarely, to the delight of big ...

An Open Letter to the Yorktown Town Board

April 11, 2018

The Yorktown Chamber of Commerce proudly serves as the voice of Yorktown’s vibrant business community. A vital part of our mission is to help improve the quality of life for all Yorktowners.

The chamber’s Board of Directors is more ambitious than ever, as we work hard to find new ways to enhance our great community through marketing opportunities and smartly placed commercial and ...

Cleaning the Empty Nest

Part of the shock of being a part-time empty nester is when the kids come back to visit and I have to watch my house transform overnight from a pristine haven of OCD goodness to a place that looks like an explosion happened at Forever 21.

After my kids moved mostly out, I put away whatever tchotchkes they chose to leave behind and then I put on a hazmat suit and cleaned their rooms until they ...

Why Do Kids Hate Math?

Dear Dr. Linda,

I am in second grade and have a problem about math. My teacher just keeps giving me homework and it’s driving me crazy. Because she keeps giving it to me on weekends and spring and summer breaks. And it’s only one level and it’s too hard. But the other people who have special needs get to be moved into a higher or lower group and they learn even more because ...

Upcoming Events

Sat, April 21, 12:00 PM

Club Fit, Jefferson Valley

Yoga for Women with Cancer

Health & Wellness

Sat, April 21, 7:30 PM

Westchester Collaborative Theater, Ossining

Westchester Collaborative Theater (WCT) Presents ...

Arts & Entertainment

Sun, April 22

DoubleTree by Hilton, Tarrytown

Awaken Wellness Fair

Health & Wellness

Guiding Eyes for the Blind Launches Wag-a-Thon Fundraiser

April 18, 2018

On April 17, Guiding Eyes for the Blind, a non-profit organization dedicated to creating and supporting life-changing connections between people with vision loss and exceptional guide dogs, announced its first annual Wag-a-thon, a “virtual marathon in a month” fundraiser beginning on May 1.

The Wag-a-thon is a cumulative marathon that you and your dog can do anywhere, at your own ...